KHELLO DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment will dispose of the above mentioned two petitions as bom of them relate to one incident, i.e., the custodial death of Chhajju Ram, husband of Smt. Khello Devi, resident of Village Manakwas, Tehsil Charkhi Dadri, District Bhiwani, presently residing at House No.4/54, Ward No.4, Arjun Nagar, Rewari.(1) Crl.Misc.Petition No.54333-M of 2005-Smt.Khello Devi Versus State of Haryana and others. The petitioner has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter described as 'the Cr.P.C.')for issuance of directions to respondent nos. 1 to 3 to register a criminal case under Sections 364, 302, 201, 218 and 120-B of the Indian PenalCode,1860 (for short, ' the I.P.C) against respondent nos. 4 to 12; for entrusting the investigation thereof to some independent agency, like Central Bureau of Investigation (for brevity,' the C.B.I.') and for awarding compensation to the tune of Rs.5 lacs to her. Crl.Misc.No.70217-M of 2005 is also being disposed of along with the instant petition as the same arise out of a complaint sent by the petitioner of which cognizance was taken by this Court and was treated a petition on judicial side keeping in view the allegations similar to the one being mentioned hereinunder.SmtKhello Devi Versus Additional Deputy Commissioner,Rewari.

(2.) A complaint endorsed to Hon'ble the Chief Justice by Smt.Khello Devi about nonconducting of enquiry into the custodial death of her husband by the Additional Deputy Commissioner, Rewari, was treated as a criminal miscellaneous petition to be dealt on judicial side of this Court. The facts giving rise to these petitions, which are being extracted from Crl.Misc.Petition No.54333-M of 2005, are as under :- The petitioner is the widow of Chhajju Ram, since deceased, who was an Ex-servicemen and originally resident of village Manakwas,Tehsil Charkhi Dadri, District Bhiwani, but had shifted to Rewari and started living at House No.4/54, Ward No.4, Arjun Nagar, Rewari for the last about 10-12 years and is mother of a married daughter-Sunita and two sons, namely, Anil (married), aged 21 years and Mukesh, aged 19 years, a student. On 14.7.2005, the daughter of Sunita, namely, Saneha, aged about8 months, was to be operated upon at Sir Ganga Ram Hospital, Delhi and, therefore, she along with her husband, son- Anil and daughter-in-law, Pinky, had gone to Delhi in the morning in order to remain present at the time of operation and had come back to Rewari at about 4.00 P.M.

(3.) After their arrival, they came to know that at about 9.00 A.M. on that day, respondent nos. 4 to 7 (all police officials) along with other officials had taken away Mukesh from the house despite the fact that no case was registered against him nor was he involved in any criminal matter. Just after their arrival, respondent nos. 4 to 7 along with other police officials' raided the house of the petitioner and took her husband and son- Anil along with them.